09
Senate
Bill 26
By:
Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of
the 17th, Smith of the 52nd and others
AS
PASSED
AN
ACT
To
amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating
to when public disclosure of public records is not required and the disclosure
of exempting legal authority, so as to clarify disclosure of federal records; to
limit the disclosure of certain private information of firefighters and
emergency medical technicians; to limit the disclosure of individual account
numbers and passwords used to access accounts; to provide that public disclosure
shall not be required for certain personal contact information of individuals
obtained by a local government; to provide for disclosure of certain
information; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to when
public disclosure of public records is not required and the disclosure of
exempting legal authority, is amended by revising paragraph (1) of subsection
(a), subparagraph (a)(11.3)(A), and paragraph (13) of subsection (a) as
follows:
"(1)
Specifically required by federal statute or regulation to be kept
confidential;"
"(11.3)(A)
An individual's social security number, mother's birth name, credit card
information, debit card information, bank account information, account number,
including a utility account number, password used to access his or her account,
financial data or information, and insurance or medical information in all
records, and if technically feasible at reasonable cost, day and month of birth,
which shall be redacted prior to disclosure of any record requested pursuant to
this article; provided, however, that such information shall not be redacted
from such records if the person or entity requesting such records requests such
information in a writing signed under oath by such person or a person legally
authorized to represent such entity which states that such person or entity is
gathering information as a representative of a news media organization for use
in connection with news gathering and reporting; and provided, further, that
such access shall be limited to social security numbers and day and month of
birth; and provided, further, that this news media organization exception for
access to social security numbers and day and month of birth and the other
protected information set forth in this subparagraph shall not apply to
teachers, employees of a public school, or public employees as set forth in
paragraph (13.1) of this subsection. For purposes of this subparagraph, the
term 'public employee' means any nonelected employee of the State of Georgia or
its agencies, departments, or commissions or any county or municipality or its
agencies, departments, or commissions."
"(13)
Records that would reveal the home address or telephone number, social security
number, or insurance or medical information of employees of the Department of
Revenue, law enforcement officers, firefighters as defined in Code Section
25-4-2, judges, emergency medical technicians and paramedics, scientists
employed by the Division of Forensic Sciences of the Georgia Bureau of
Investigation, correctional employees, and prosecutors or identification of
immediate family members or dependents thereof;"
SECTION
1.1.
Said
Code section is amended by revising paragraph (11.2) of subsection (a) as
follows:
"(11.2)
Records that would reveal the names, home addresses, telephone numbers, security
codes, e-mail addresses, or any other data or information developed, collected,
or received by counties or municipalities in connection with neighborhood watch
or public safety notification programs or with the installation, servicing,
maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm
systems, or other electronic security systems; provided, however, that initial
police reports and initial incident reports shall remain subject to disclosure
pursuant to paragraph (4) of this subsection;".
SECTION
1.2.
Said
Code section is further amended by revising subparagraph (a)(11.3)(B) by
striking "or" at the end of division (viii), by striking the period and
inserting "; or" at the end of division (ix), and by adding a new division to
read as follows:
"(x)
The disclosure of the date of birth within criminal records."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.